Supreme Court Grants Sister Property Rights After 30-Year Legal Battle

New Delhi: In a landmark judgment ending a decades-long legal feud, the Supreme Court of India has ruled in favour of a woman in a property dispute with her brother, reaffirming her rights over a property gifted to her by their late father in 1985.

The dispute centered around a document executed by the father, in which he transferred ownership of his property to his daughter, specifying that she would take possession only after his and his wife’s demise. He died in 1995 without leaving a formal will.

However, two years before his death, in 1993, the father revoked the 1985 gift deed and executed a sale deed transferring the same property to his son. The daughter contested this move, arguing that the original document was a gift and, once accepted, could not be cancelled. The brother claimed it was in the nature of a will, which could be changed any time before death.

The sister initially filed her case in 1994 at the Cherthala trial court in Kerala, which ruled in the brother’s favour in 2001. The decision was upheld by the Alappuzha Fast Track Court in 2003. She then appealed to the Kerala High Court in 2004. After years of legal deliberations, the High Court reversed the lower courts’ decisions in 2019 and sided with the sister. The brother then took the matter to the Supreme Court.

In its ruling, the apex court clarified the legal distinctions between a gift, a settlement, and a will. The justices emphasized that what matters is not what the document is titled, but its actual content and intent. They observed that in this case, the father had executed a gift by settlement, which took effect immediately even though possession was to be transferred later. Once the daughter accepted the gift, it became legally binding and could not be revoked unilaterally.

Citing Section 122 of the Transfer of Property Act, 1882, the court reiterated that a gift is a voluntary transfer of ownership without consideration, and once accepted, it becomes irrevocable. Unlike wills, which come into effect only after the death of the testator, gifts and settlements can have immediate legal effect if intention and acceptance are clear.

The Supreme Court upheld the Kerala High Court’s ruling, dismissing the brother’s appeal and confirming that the daughter was the rightful owner of the property.

Legal expert Haaris Fazili noted, “Once a gift is accepted, it becomes irrevocable. Any unilateral cancellation is invalid under the law.”

This verdict marks a significant precedent in clarifying property transfer laws, especially concerning gifts and familial disputes.